The Bombay High Court recently restrained an Akola-based firm from marketing an edible oil brand on the grounds that the name was similar to an established product. The court said that merely adding a suffix to a popular name can't be the basis of a new trademark.
Kamani Oil Industries Private Limited had approached the HC, alleging that use of brand 'Riso-Lite' by Bhuwaneshwar Refineries Private Limited was an attempt to take advantage of their mark 'riso'.
While admitting Kamani's plea, Justice S J Kathawala observed, "I am prima facie satisfied that the defendant's mark Riso-Lite is deceptively similar to the petitioner's mark 'riso'." The judge added that suffix 'Lite' could also be misconstrued as a low-cholesterol variant of brand 'riso'.
Kamani's petition states that it has been using the 'riso' trademark for its rice bran oil since July 2011. Within a short span of time, the commodity proved to be a hit among the consumers.
The city-based firm stated that it learnt in 2013 about the defendants manufacturing and selling oil under name Riso-Lite in Akola. After a search with the trademark registry, it found that the Bhuwaneshwar Refinery had applied for registration of the trade mark.
In its defence, Bhuwaneshwar Refinery argued that Riso-Lite was a composite label, where 'riso' was one of the elements written in a particular manner. The defendant claimed that Kamani was entitled to claim infringement if the whole of the brand name were adopted.
more at http://www.dnaindia.com/mumbai/report-suffixing-lite-to-edible-oil-brand-may-hang-heavy-on-akola-firm-1990624
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